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Remuneration of counsel

Remuneration of counsel

As the profession \u0026quot; lawyer \u0026quot;Assigned by law to\u0026quot; independent and democratic \u0026#39;interference in the financial relations between a lawyer and his client are significantly limited. They are based on the principle of voluntary bilateral agreements. Article 10 of the Act on the status of lawyers in the editorial of 10 July 1991 stipulates that the tariffs for preparation of civil procedural documents and participate in the proceedings set of civil procedural law. Fees for consultation and assistance in court, providing advice, drafting legal documents that do not require permits, and for oral argument is set by agreement with the client.

In the absence of agreement on the latter, the fee is determined by custom, subject to the material welfare of the client, the complexity of the case, the cost of counsel, etc. It is forbidden to set the size of the fee depending on the outcome of the case. However, not prohibited to the basic fee to pay extra extra, in case of positive solutions for a client of the court.

Here is an example for determining the fee for the internal regulations of the Bar of the judicial district of the Upper Seine: this time, devoted to the nature, complexity, social significance of the interests of defending themselves, the costs of the case made by the office where the lawyer works, the nature of expertise to counsel, and finally a prize received client. Council of the Order of lawyers may annually establish the indicative criteria for compensation.

However, sometimes there are disputes regarding fees between lawyer and client. In this case the problem is solved the leadership of the Order of Lawyers.

Much time and energy to give French lawyers provide free legal assistance to the population. For example, in Paris, about 27 thousand people annually receive such advice. There is a lot of problems and in providing free or subsidized legal aid. Thus, the number of people who use it in civil cases, is growing. However, compensation in these cases is quite modest and is paid with considerable interval of time. In some departments of France, where assistance is provided on a preferential basis, it is 50% of all civil cases.

Today, lawyers raise the question of revision of rates of remuneration and the creation of such mechanisms, which would preclude the payment delay and lack of coordination between colleges and the state. It is also proposed to create a special fund of remuneration of lawyers who help those who are eligible for benefits. Such a fund with a reasonable management can give a profit.



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